Ohio State football: Lawsuit filed against Jaamal Berry

A Delaware County man has filed a lawsuit against Ohio State football player Jaamal Berry stemming from an incident early last Friday morning in which the victim claims Berry struck him at a parking garage near the North Market.

The plaintiff, who has chosen “John Doe” status because he said he fears retaliation, is seeking at least $25,000 in compensatory damages and the same in punitive damages.

The lawsuit, filed in Franklin County Common Pleas Court, accuses Berry of an unprovoked attack in which the 21-year-old plaintiff sustained injuries to his head, face, neck, back and hand that required immediate medical treatment. The victim is likely to incur additional medical expenses in the future, the lawsuit says.

The lawsuit consists of two counts: Assault and battery, and ethnic intimidation. The plaintiff alleges that Berry, who is black, yelled vulgarities at him before the attack and bragged to an independent witness after the attack that, “I just (expletive) up a white kid.”

Criminal charges have not been brought against Berry. If that happens, Ohio State athletics director Gene Smith said Berry will be suspended.

“The legal process is going to take its time, and we’re going to go with that,” he said. “That’s all we can do as a team and a program right now. Legal issues-wise, we’ve got nothing from the prosecutor.

“Like I said Tuesday, we take everything we do seriously, whether it’s on the field or off the field. Nothing goes unnoticed. Ultimately we’re working at what’s best for this program, for this team -- whether it’s a coach or a player. Those things are taken very seriously.”

As for Berry’s status for Saturday’s game against Wisconsin, Fickell said, “We’ll see. There are still things going on, but there’s no change right now.”

Friday’s incident was the second in less than a month involving Berry. On Sept. 28, he was involved in an altercation on campus. No charges were filed in that case.

A redshirt sophomore, Berry is a backup running back who has seen limited time, mostly as a kickoff returner. He is behind Daniel Herron, Jordan Hall and Carlos Hyde on the depth chart.